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国务院批转中国人民银行关于加强金融机构监管工作意见的通知 CIRCULAR OF THE STATE COUNCIL CONCERNING THE PREVAIL AND TRANSMISSION OF THE OPINIONS OF THE PEOPLE'S BANK OF CHINA ON STRENGTHENING SUPERVISION AND ADMINISTRATION OF FINANCIAL INSTITUTIONS

2006-05-16 16:44   我要纠错 | 打印 | 收藏 | | |

国发(1994)54号
(September 29, 1994)
颁布日期:19940929  实施日期:19940929  颁布单位:国务院

  “The Opinions of the People's Bank of China on Strengthening Supervision and Administration of Financial Institutions” has been approved by the State Council, and is hereby transmitted to you for conscientious implementation thereof.“

  Work related to the supervision and administration of financial institutions is wide-ranging and has a strong policy character. Therefore, various regions and departments should actively support and fully cooperate with the People's Bank of China in exercising the function of supervision and administration. Questions arising during the process of rectifying the financial institutions shall be appropriately dealt with in accordance with relevant state provisions in order to promote the safe and efficient operations of the financial system.

  Appendix: Opinions on Strengthening Supervision and Administration of Financial Institutions

  In order to conscientiously carry out the “Decision of the State Council on Reform of the Financial System”, practically change the functions of the People's Bank of China, further strengthen the supervision and administration of financial institutions and maintain stable financial order, the following opinions on the supervision and administration of financial institutions are hereby introduced:

  1. The People's Bank of China is authorized by the State Council as the department in charge of finance and shall in accordance with the law perform the functions of examining and approving the establishment, alteration and termination of various types of financial institutions. The establishment of financial institutions and the operations of financial business must be approved by the People's Bank of China, and without such approval, the management of financial business on self-authorization shall, without exception, be deemed as unlawful management, and shall be dealt with in accordance with the law. Administration, supervision, investigation for decision-making activities the People's Bank of China conducts in accordance with the law with respect to financial institutions shall not be subject to the interference of any unit or individual.

  In case of management of financial business approved by various regions or departments on their own decisions without being examined and approved, and without the certificate for the management of financial business issued by the People's Bank of China, self-examination and self-correction shall be conducted in accordance with the law. In case of a necessity of the establishment, a fresh application shall be submitted to the People's Bank of China for approval.

  2. Branches and sub-branches of the People's Bank of China are agencies of the Headquarters of the People's Bank of China, and shall approve the establishment of financial institutions in strict accordance with the authorization of the Headquarters of the People's Bank of China, and shall conscientiously ferret out approvals made in violation of regulations and beyond the authority for the establishment of financial institutions in accordance with the provisions outlined in the “Circular on Ferreting Out Approvals for the Establishment of Financial Institution Made Beyond the Scope of Authority of Branches at Various Levels of the People's Bank of China” (YIN CHUAN NO. 27[1994])。 All financial institutions established with approvals made beyond the scope of authority referred to in the document under reference YIN CHUAN No. 27 [1994], which explicitly requires dissolution or merger, shall be resolutely dissolved or merged, and settlements of creditor's rights and debts shall be made finalized jointly with relevant departments. In cases when no express opinions are outlined in document No. 27[1994] on the ferreting out process, the Headquarters of the People's Bank of China shall, after clarifying specific circumstances, draft detailed opinions thereon and disseminate same recently to all branches and sub-branches of the People's Bank of China for implementation.

  3. Securities institutions operated by financial departments must, at the earliest possible date, be separated from financial departments. With regard to such institutions, financial securities institutions of provinces, autonomous regions, municipalities directly under the Central Government and cities listed under separate plans which are well-managed in conformity with the conditions required, shall, in accordance with unified standards, be transformed into standardized securities corporations following the examination and approval first by local branches of and thereafter by the Headquarters of the People's Bank of China, with said corporations subject to the supervision and administration of the People's Bank of China. Exchange institutions handling state bond transactions at the prefectural (city) level shall be combined with and become branches of securities corporations at the provincial level if in conformity with relevant conditions, and without exception, shall be dissolved when not in conformity. Financial securities institutions and service departments handling state bond at and below the county level may, after ferreting out, become agencies of financial securities institutions upon receiving the approval by the local branch of the People's Bank of China. The People's Bank of China jointly with the Ministry of Finance shall be responsible for ferreting out financial securities institutions.

  4. In accordance with provisions outlined in the “Regulations on the Administration of Savings”, the postal network and stations handling transactions related to personal savings of the residents must conform with requirements for establishing savings institutions, and must obtain the appropriate permits and certificates for managing financial business. Postal savings network and stations which have failed to obtain appropriate certificates, but which are nonetheless engaged in private savings transactions, shall be reported to the local branch of the People's Bank of China, after the post and telecommunications administrative departments of provinces, autonomous regions and municipalities directly under the Central Government prepared itemized reports thereon. Following the approval of the People's Bank of China and the issuance of relevant permits and certificates, said institutions may handle savings business of the residents.

  5. Rural cooperative funds are in fact organizations providing mutual financial assistance serving agriculture and farmers within their respective communities, and hence are not considered to be financial institutions. The Ministry of Agriculture bears responsibility for formulating relevant policies and regulations, as well as to issue directives regarding the administration and development of cooperative funds in rural areas. The local agricultural administration departments are departments in charge of cooperative funds in rural areas. The People's Bank of China shall, in accordance with the law, exercise supervision of the business activities of cooperative funds in rural areas, and shall join with agricultural administration departments in appropriately handling acts in violation of the regulations in respect of managing deposits and lending transactions.

  3. Securities institutions operated by financial departments must, at the earliest possible date, be separated from financial departments. With regard to such institutions, financial securities institutions of provinces, autonomous regions, municipalities directly under the Central Government and cities listed under separate plans which are well-managed in conformity with the conditions required, shall, in accordance with unified standards, be transformed into standardized securities corporations following the examination and approval first by local branches of and thereafter by the Headquarters of the People's Bank of China, with said corporations subject to the supervision and administration of the People's Bank of China. Exchange institutions handling state bond transactions at the prefectural (city) level shall be combined with and become branches of securities corporations at the provincial level if in conformity with relevant conditions, and without exception, shall be dissolved when not in conformity. Financial securities institutions and service departments handling state bond at and below the county level may, after ferreting out, become agencies of financial securities institutions upon receiving the approval by the local branch of the People's Bank of China. The People's Bank of China jointly with the Ministry of Finance shall be responsible for ferreting out financial securities institutions.

  4. In accordance with provisions outlined in the “Regulations on the Administration of Savings”, the postal network and stations handling transactions related to personal savings of the residents must conform with requirements for establishing savings institutions, and must obtain the appropriate permits and certificates for managing financial business. Postal savings network and stations which have failed to obtain appropriate certificates, but which are nonetheless engaged in private savings transactions, shall be reported to the local branch of the People's Bank of China, after the post and telecommunications administrative departments of provinces, autonomous regions and municipalities directly under the Central Government prepared itemized reports thereon. Following the approval of the People's Bank of China and the issuance of relevant permits and certificates, said institutions may handle savings business of the residents.

  5. Rural cooperative funds are in fact organizations providing mutual financial assistance serving agriculture and farmers within their respective communities, and hence are not considered to be financial institutions. The Ministry of Agriculture bears responsibility for formulating relevant policies and regulations, as well as to issue directives regarding the administration and development of cooperative funds in rural areas. The local agricultural administration departments are departments in charge of cooperative funds in rural areas. The People's Bank of China shall, in accordance with the law, exercise supervision of the business activities of cooperative funds in rural areas, and shall join with agricultural administration departments in appropriately handling acts in violation of the regulations in respect of managing deposits and lending transactions.

  6. Serving in its capacity as the department in charge of pawn broking and bearing responsibility for the examination and approval of the establishment of pawn broking institutions and administration of related business activities, the People's Bank of China shall, in accordance with relevant state provisions, ferret out and standardize existing institutions, and order those to stop the banking business conducted beyond their scope of business within a prescribed period of time.

  7. In accordance with the “Regulations on the Administration of the Securities of Enterprises”, and with requirements stipulated by the General Office of the CPC Central Committee and the General Office of the State Council Concerning exercising strict administration of markets for lottery tickets and prohibiting the issuance of unauthorized lottery tickets, the People's Bank of China shall join with relevant planning departments at the same level to strengthen the administration of enterprise securities and lottery tickets, and shall be responsible for the examination and approval of the issuance of enterprise securities within the state plan. Unless otherwise provided for by the State Council, no funds shall be raised from the society and no lottery tickets shall be issued without the approval of the People's Bank of China. Those found in violation of the relevant provisions concerning the issuance of securities and lottery tickets shall be investigated and dealt with by the People's Bank of China jointly with relevant departments.

  8. With regard to making investments by purchasing shares from financial institutions, the “Circular on Printing and Distributing `the Provisional Regulations on Investments Related to Purchasing Shares from Financial Institutions'” of the People's Bank of China shall be implemented strictly. Departments of parties and the government, PLA units, organizations as well as various institutions included in the national budget, and the state financial institutions administering policy shall not make investments by purchasing shares in financial institutions without the explicit approval of the organization authorized by the state. Investments involving the purchase of shares of financial institutions made by the local financial departments, industrial and commercial enterprises and financial institutions designated as legal entities shall conform with the conditions and the investment ratio stipulated by the People's Bank of China. All financial institutions must pay taxes, operate in strict accordance with the law and conscientiously implement relevant provisions of the People's Bank of China.

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